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Naughty Gears - Scale75 Steampunk Busts (Kickstarter)

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I'd be fairly miffed too given the bust they are replacing her with is so completely diffrent.. although its odd, it almost looks like 2 busts were blocked for DMCA violations

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10 hours ago, Gadgetman! said:

And now they're removing one of the busts(Mary Reed is being replaced by Amelia Steam) supposedly because of a Copyright issue.

Backers who wanted the Reed bust is getting a bit agitated in their comments section.

 

I'm vaguely curious to know whose copyright was being violated.

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Ok it was the Pirates of the Caribbean looking lady who was removed right? But I noticed on the page many of the other busts with people names don't show up. 

 

However, I'm getting Bridgette and Jessica. And they both show up. So I have no worries.

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From the comment section a question about copy right issues with: Raluca Losifescu came up.

 

A google image search produced:

 

corsair-2.jpg

 

 

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The full size figure certainly seems problematic unless she was made from the artwork and they only had permission for the figure

 

laslo-forgach-12669595-1069154813137421-

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5 hours ago, Thes Hunter said:

From the comment section a question about copy right issues with: Raluca Losifescu came up.

 

A google image search produced:

 

corsair-2.jpg

 

 

 

I couldn't find mention of Raluca Iosifescu (not Losifescu) in either the main comments or the update where they announce this.  Did I miss something?

 

At any rate, that is beyond a doubt her artwork that this sculpt is based on.  I wonder where the slip-up happened.

 

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From the Book of Faces:

 

Scale 75

June 3 at 8:08am · 

[ES] Dada la controversia creada en relación a la utilización de imágenes de Raluca Iosifescu como referencia para alguna de nuestras figuras queremos comunicar que desconocíamos el origen de las mismas y que en cuanto se ha identificado a la autora en un comentario nos hemos dirigido primeramente a ella expresándole nuestras disculpas y ofreciéndole de buena fe una compensación económica, si bien hasta el momento no hemos recibido contestación. Hemos cometido un error que lamentamos y que hemos tratado de subsanar en la medida de lo posible y hemos retirado ambos productos de nuestra web.

Agradeceríamos igualmente que no se especulara sobre otras figuras del catálogo ya que se han realizado con conocimiento y/o bajo acuerdos de diversa índole con sus autores o franquicias.

[EN] Given the controversy created in relation to the use of images by Raluca Iosifescu as a reference for some of our figures we want to communicate that we did not know the origin of the same and that once the author has been identified in a comment we have addressed first to her expressing our apologies and offering in good faith an economic compensation, although until the moment we have not received answer. We have made a mistake that we regret and we have tried to remedy as far as possible and we have removed both products from our website.

We would also appreciate the fact that you don't speculate on other figures in the catalog since they were made with knowledge and / or under different agreements with their authors or franchises.

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Ohhhhh. ::o:  Someone copied an image they found on the internet.

 

That's ... unwise. <_<

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Scale 75 claims they did not know, but the sculptor says they sent him the artwork for the sculpt.  She then found another sculpt on SCALE 75's page that was also based on her artwork.

 

and then this in the FB comments on Scale 75

 

18813915_10209878550901453_5705924122310

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Posted (edited)

ok, that's totally not cool and makes me wish I hadn't backed them now.

Edited by Corporea
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56 minutes ago, Corporea said:

ok, that's totally not cool and makes me wish I hadn't backed them now.

 

"Not cool" is exactly what I thought when I read SamuraiJack's post.

 

I had to mull it over a bit, because I have myself sometimes been gung ho for miniature unauthorized characters strongly reminiscent of those from favorite movies, TV shows, etc.

 

think the difference is a matter -- to me, at least -- of relative power levels.  Companies that swipe imagery from powerful studios know they're doing something dodgy and they can get in serious trouble if they are spotted (witness the recent vanishing from the market of all the unauthorized "Doctor Who" "homages").  But companies that pirate the work of lone artists are more likely to get away with it because lone artists have fewer resources to spot and fight piracy.

 

I see Scale75 says they are "offering in good faith an economic compensation," but that seems a little pale coming only after they were caught.  If I were that artist I think I would be spitting nails right now.

 

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There's a possibility that Scale75 had the rights to make a 75mm figure and thought they had the rights to also make a larger-scale bust. If that's the case, I'm not too worried about it; figuring out contractual rights can be complex and mistakes sometimes get made.

 

OTOH, if it becomes apparent that they just created derivative work without talking to the artist, I'm seriously considering contacting Kickstarter, since they won't be able to fulfill their contractual obligations, and it will be entirely their own fault.

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38 minutes ago, Doug Sundseth said:

There's a possibility that Scale75 had the rights to make a 75mm figure and thought they had the rights to also make a larger-scale bust. If that's the case, I'm not too worried about it; figuring out contractual rights can be complex and mistakes sometimes get made.

 

OTOH, if it becomes apparent that they just created derivative work without talking to the artist, I'm seriously considering contacting Kickstarter, since they won't be able to fulfill their contractual obligations, and it will be entirely their own fault.

 

From the artist's Facebook post quoted above:

 

Quote

The other stolen concept Scale 75 used for their miniatures. If anyone recognizes more stolen concepts in their "portfolio", please announce their rightful owners so that we can do something about it. Thank you !

 

It is pretty clear that the artist was never contacted and Scale75 has never had a license to any rights to reproduce her painting at any scale.

 

It looks like they have at least two figures based on her paintings.  Someone messed up.

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So whose ultimate responsibility is it? 

 

Is is it the sculptor who created the deriviative work? Should he have contacted the artist to ask her permission to create a sculpture off her work?

 

 

Or should have scale 75? Did the sculptor do enough to advise Scale 75 that he was selling derivative work?

 

i think it would be both their responsibility. I don't know if it's wise to assume the artwork the company is buying comes free of copyright claims. 

 

Ultimately, I think the company should have been more vigilant in protecting their brand. But from what Ive seen, I haven't seen evidence of direct maliace. So though this is a clear copyright infringement, I will wait to pass judgement if more concrete eveidence surfaces.

 

 

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The sculptor claims Scale75 sent him the artwork to base the figure on

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